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Section 1 of the Road Traffic Offenders Act 1988 [12] and article 5 of The Road Traffic Offenders (Northern Ireland) Order 1996 [13] require a Notice of Intended Prosecution (NIP) to be served within 14 days of applicable offences being committed; if that does not occur, it may follow that any further action may be prevented. However, there are ...
Maryland, [1] in which the Supreme Court ruled that suppression by the prosecution of evidence favorable to a defendant who has requested it violates due process. Following Brady , the prosecutor must disclose evidence or information that would prove the innocence of the defendant or would enable the defense to more effectively impeach the ...
The rule of lenity is one such canon. Implicit in its provisions is the additional burden placed on the prosecution in a criminal case and the protection of individual rights against the powers of the state. It also furthers the fundamental principle of requiring notice in criminal law. Individuals should not be punished for their acts when the ...
The prosecution may also gain rights to notice of specific affirmative defenses, such as whether the defendant intends to raise an alibi defense or insanity defense, and have discovery rights relating to those defenses. [7]
The Perjury Act 1911 (1 & 2 Geo. 5.c. 6) is an act of the Parliament of the United Kingdom.It creates the offence of perjury and a number of similar offences.. This Act has effect as if section 89 of the Criminal Justice Act 1967 and section 80 of the Civil Partnership Act 2004 were contained in this act.
Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties. This is by means of methods of discovery such as interrogatories , requests for production of documents , requests for admissions and depositions .
The notebook, which police allegedly found on Mangione, contained a to-do list related to the killing, the law enforcement source says, and allegedly discussed different murder methods.
Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well-known, or so authoritatively attested, that it cannot reasonably be doubted.